Class Action Filed for H-4 and L-2 Applicants with Delayed Employment Authorization Applications

On March 22, 2021, the American Immigration Lawyers Association (AILA) and Wasden Banias, LLP filed a class action lawsuit against the Department of Homeland Security (DHS) on behalf of L-2 and H-4 applicants who have faced long application processing times that have caused gaps in employment authorization. The lawsuit alleges that the delay is the intentional result of a new biometrics requirement (implemented in March 2019) for L-2 and H-4 applicants seeking to change or extend their status with form I-539. The complaint claims that plaintiffs have had to wait up to two years for their cases to be adjudicated, while applications submitted before the new biometrics requirement was implemented were processed within 180 days. The plaintiffs named in this lawsuit report being unable to work and in some cases being unable to renew their drivers’ licenses since they were unable to provide proof of lawful status. The lawsuit “urges” DHS and USCIS to process these applications without the new biometrics requirement, and to approve work authorization while the applications are being processed to prevent gaps in employment for the applicants. USCIS has responded and has alleged that new biometrics appointments are necessary to verify the identity of the applicant for the purpose of completing background checks.